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Lessons In Price Stability From The U.S. Real Estate Market Collapse, Andrea J. Boyack 2009 George Washington University

Lessons In Price Stability From The U.S. Real Estate Market Collapse, Andrea J. Boyack

Andrea J Boyack

The U.S. residential housing market collapse illustrates the consequences of ignoring risk while funding mortgage borrowing. Collateral over-valuation was a foundational piece of the crisis. Over the past few decades, secondary markets, securitization, policy and psychology increased the flow of funds into real estate. At the same time, financial market segmentation divorced risk from reward. Increased mortgage capital availability, unmitigated by proper risk allocation, led to real estate price inflation. Social trends and government policies exacerbated both the mortgage capital over-supply and the risk-valuation disconnect.

The Dodd-Frank Act inadequately addresses the underlying asset valuation problem. Federal regulation may support ...


All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody 2009 Chicago-Kent College of Law

All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody

Evelyn Brody

Attention from the media notwithstanding, the nonprofit sector continues to achieve remarkable success in state supreme courts and statehouses in defending property-tax exemptions. But budget pressures remain. While the intermediate use of “payments in lieu of taxes” has not yet become a systematic compromise solution, PILOTs are attracting growing interest from local taxing jurisdictions. This Article highlights three issues— who decides the parameters of exemption, legislatures or courts; what are the specific factors and vulnerable subsectors; and how exemption is granted or withheld in practice—and concludes with several PILOT case studies. The Appendix sets forth a fifty-one-jurisdiction review of ...


Ahistorical Indians And Reservation Resources, Ezra Rosser 2009 American University Washington College of Law

Ahistorical Indians And Reservation Resources, Ezra Rosser

Ezra Rosser

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.


Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser 2009 American University Washington College of Law

Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser

Ezra Rosser

This chapter uses the disastrous allotment experience of Indian tribes to question the transformative power of land-titling for the poor as advocated by Hernando de Soto. For Indians, allotment era land-titling resulted in loss of land and hardship, all reflective of non-Indian desires for the land and an unwillingness to acknowledge the rights of Indians to govern themselves. The chapter ends with a brief discussion of the champas of El Salvador and the potential loss in terms of housing for the poor if de Soto’s ideas are implemented without some protection against sales to the wealthy.


Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann 2009 New York University School of Law

Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann

Brett Frischmann

This Article sets out a framework for investigating sharing and resource pooling arrangements for information and knowledge-based works. We argue that the approach to commons arrangements in the natural environment pioneered by Elinor Ostrom and collaborators provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another.

An improved understanding ...


Private Ownership, Avihay Dorfman 2009 Tel Aviv University Faculty of Law

Private Ownership, Avihay Dorfman

Avihay Dorfman

The most powerful response to the growing skepticism about the intelligibility of the idea of private ownership has been cast in terms of owners’ rights to the exclusive use of an object. In these pages, I argue that this response suffers from three basic deficiencies, rather than merely explanatory gaps, that render it unable to overcome the spectre of skepticism. These deficiencies reflect a shared want of attention to the normative relationship that ownership engenders between owners and non-owners. In place of the right to exclusive use, I set out to develop an account of private ownership that seeks to ...


Using Podcasts To Support Students In A Land Law Class, Michael LP Lower, Keith Thomas, Annisa Ho 2009 Chinese University of Hong Kong

Using Podcasts To Support Students In A Land Law Class, Michael Lp Lower, Keith Thomas, Annisa Ho

Michael LP Lower

This paper describes the experience of creating and using podcasts to support student learning of land law for JD and LL.M. students in Hong Kong. Podcasting involves preparing a series of audio or video broadcast files for download onto a digital media player by students. Four different types of podcast were prepared for the law class in question. Some were simply podcasts, while others were embedded in PowerPoint slides and converted into flash files using ‘Authorpoint’. Together, the podcasts sought to give students an introduction/ review of the main topics and of the problem questions discussed in class.

The ...


Judicial Empathy's Threat To Human Dignity, Adam MacLeod 2009 Faulkner University

Judicial Empathy's Threat To Human Dignity, Adam Macleod

Adam MacLeod

Empathy is the new coverture.

President Obama’s well-known call for empathy in our Nation’s judgments would empower courts to advance the interests of certain classes over others, without waiting for legislative bodies and other policy makers to reform those areas of the law that most affect minorities and the poor, and to reform them on equally-applicable grounds, which are neutral as to class and affluence. Like the common law doctrine of coverture, this proposal demeans an entire class of people. It denies the (1) moral responsibility and (2) practical rationality of poor people, and is thus inconsistent with ...


A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam MacLeod 2009 Faulkner University

A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam Macleod

Adam MacLeod

Despite enjoying bipartisan support in Congress and passing by an overwhelming majority, RLUIPA, and particularly the “substantial burden” provision of section 2(a), has generated signifi cant controversy since its passage nine years ago. Section 2(a) subjects to strict scrutiny any land use regulation that substantially burdens religious exercise. It is a prophylactic measure. It creates a new category of prohibited state action—substantially burdening religious land use without a compelling reason for doing so—in order to prevent discrimination against religious groups. Of course, before RLUIPA, the Free Exercise Clause of the First Amendment prohibited religious discrimination; though ...


In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski 2009 Case Western Reserve University

In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski

Aaron K. Perzanowski

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.


Habeas And (Non-)Delegation, Paul Diller 2009 Willamette University

Habeas And (Non-)Delegation, Paul Diller

Paul Diller

No abstract provided.


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